Should I Give a Recorded Statement After a Michigan Car Accident?
Should I give a recorded statement after a Michigan car accident?
No. You don’t have to give a recorded statement just because an insurer asks for one. Before you talk to them, you’ll want to find out which insurance company is calling, whether the request involves a claim against the other driver or your own claim and how your answers may be used against you in the claim.
Making a statement before you have all the answers can make the claims process more difficult later on as those answers and their changes can be used against you.
What is a recorded statement after a car accident?
During the claims filing process, an insurance adjuster may ask you for an interview that they will record and keep in the claim file. They might ask about the crash, how it happened, the injuries it led to, the treatment you received for it, the work you might have missed or prior injuries.
They will compare this information to medical records, the police report, witness statements, later testimony and future forms you submit. That sounds routine, but it is still a claim statement, and if they find any discrepancies, they might be able to use it against you in the claims process.
A recorded insurance statement is not the same as an examination under oath, a deposition, sworn court testimony or a police interview. Those can involve different rules. If the request sounds formal, urgent or tied to a policy requirement, speak with Michigan Legal Center before responding.
Do I have to give a recorded statement to the other driver’s insurance company?
No, you never have to give a statement to the other insurer, but your policy rules could force you to give a statement to your own insurer.
If the other driver's insurer wants a recorded statement, that company is usually looking for facts it can use to limit or dispute your claim. Don’t speak to them until you have coordinated with your own Michigan Legal Center attorney.
If your own insurer asks for information, your policy may require you to speak with them as they may need facts to evaluate personal injury protection (PIP) insurance benefits. That does not mean you should answer every broad recorded question without limits. It means the request should be reviewed in the context of the policy, the claim and the timing.
Why can a recorded statement hurt a Michigan accident claim?
A recorded statement can hurt your claim if you answer questions when you don’t have the complete answers or accidentally give wrong or incomplete information. If later in the case more information comes to light, the insurer can use the discrepancy to weaken your claim.
Mistakes in your statement could include:
- saying you are "fine" before symptoms have fully developed
- guessing about speed, distance, timing or fault
- leaving out injuries because one injury feels worse than the others
- creating inconsistencies with medical records, the car crash report or later testimony
- answering broad prior-medical-history questions without knowing why they are being asked
- saying something about work, treatment gaps or daily activity that the insurer later uses out of context
- letting a property-damage or settlement conversation turn into an injury statement
You do not need to be dishonest to create a problem. You may simply be tired, medicated, in pain, unsure what happened or unaware that a symptom will worsen later.
Is talking to my no-fault/PIP insurer different?
Yes. Talking to your own no-fault/PIP insurer is different from talking to the other driver's insurer.
PIP benefits can involve medical bills, work-loss issues, replacement services and other no-fault claim questions. If an adjuster is asking about treatment, prior medical history, wage loss or household help, the answers may affect payment disputes later.
You shouldn’t ignore your insurer, but you should fully understand the request first. Ask whether the insurer needs basic claim information, a recorded statement, medical authorizations, wage documents or proof for a specific benefit.
If benefits have been delayed, denied or stopped after a statement, timing and deadline rules may matter. Do not try to sort that out alone. Michigan Legal Center can review the policy, claim file, medical bills, denial letters and adjuster requests.
A police report on a car accident is different from a recorded statement to an insurance adjuster.
For more background, read Michigan Legal Center's guide to who pays medical bills after a Michigan car accident or Michigan Legal Center's article on delayed No-Fault medical bill payments.
What if I already gave a recorded statement?
If you already gave a recorded statement, don’t panic or try to fix it by giving another statement on your own.
Write down what you remember:
- the date and time of the call
- the adjuster's name, company, phone number and claim number
- whether the adjuster represented your insurer, another driver's insurer or another company
- the main topics discussed
- any questions about injuries, prior medical history, fault, work, treatment gaps, releases or settlement
- whether you received a transcript, copy, letter, denial or follow-up request
Save every related email, text, letter, app message, medical bill, denial letter and release. Then contact Michigan Legal Center before giving another recorded statement, signing anything or accepting the insurer's version of what your statement means.
Talk to Michigan Legal Center before giving a recorded statement
Before you give a statement, ask who the adjuster works for, what claim number they are calling about, whether the statement will be recorded and what topics they want to cover.
Then contact Michigan Legal Center before giving a recorded statement, signing a release or answering broad questions about injuries, prior medical history, fault, work, treatment or settlement.
Michigan Legal Center can help you identify which insurance company is asking, what claim is involved, what documents the insurer actually needs and whether the statement request could affect your PIP benefits or injury claim.
Michigan Legal Center attorneys can review the adjuster's request, help separate your no-fault/PIP claim from a third-party injury claim, protect you from broad or premature questions and respond before a release or recorded statement causes avoidable problems.
If an insurance adjuster is asking for a recorded statement after a Michigan car accident, contact Michigan Legal Center before the call. You can also start with the Michigan car accident attorney page to see how Michigan Legal Center handles crash claims.